Waste Management Act , 1996

21.—(1)The Minister may, following consultation with the Agency, where he or she is satisfied that any function conferred on a local authority by this Act could be more effectively performed by the Agency in lieu of being performed by that authority, by regulations provide that the function shall be performed by the Agency with effect from a date specified in the regulations.

(2)Whenever regulations under subsection (1) are in force in relation to a particular function, a reference in this Act to a local authority shall, where appropriate, be construed as a reference to the Agency and the function to which the regulations relate shall be a function of the Agency.

(3)The Minister may, where he or she is satisfied that any function conferred on a local authority by this Act could, as respects the functional area of the corporation of a borough (other than a county borough), or the council of an urban district, that is situate in the functional area of that local authority, be more effectively performed by the said corporation or council in lieu of being performed by that authority, by regulations provide that the said function shall, with effect from a date specified in the regulations, be performed, as respects the first-mentioned functional area, by the said corporation or, as the case may be, council.

(4)Whenever regulations under subsection (3) are in force in relation to a particular function, a reference in this Act to a local authority shall, where appropriate, be construed as a reference to the corporation of the borough or the council of the urban district to which the regulations relate and the function to which the regulations relate shall be a function of the said corporation or council.

(5)Regulations under this section may contain such incidental, supplementary, consequential and transitional provisions (including provisions modifying and applying any provision of this Act or of any other enactment) as appear to the Minister to be necessary for the purpose or in consequence of, or to give full effect to, the regulations.

21A. F77[Waste hierarchy.

21A.—(1) The following waste hierarchy shall apply as a priority order in waste prevention and management legislation and policy:

(a) prevention;

(b) preparing for re-use;

(c) recycling;

(d) other recovery (including energy recovery); and

(e) disposal.

(2)(a) When applying the waste hierarchy referred to insubsection (1), the Minister, the Agency and the local authorities, in carrying out their respective functions under this Act, shall take measures to encourage the options that deliver the best overall environmental outcome.

(b) Such measures may require specific waste streams departing from the hierarchy where this is justified by life-cycle thinking on the overall impacts of the generation and management of such waste.

(3) The Minister shall ensure that the development of waste legislation and policy is a fully transparent process, observing existing national rules about the consultation and involvement of citizens and stakeholders.

(4) In carrying out their respective functions under this Act and related waste management legislation and policy, the Minister, the Agency and the local authorities shall take into account the general environmental protection principles of precaution and sustainability, technical feasibility and economic viability, protection of resources as well as the overall environmental, human health, economic and social impacts, in accordance with Article 1 of the Waste Directive andsection 32(1).]

F78[(5) The Minister shall make use of economic instruments and other measures to provide incentives for the application of the waste hierarchy, such as those indicated in theSixth Scheduleor other appropriate instruments and measures.]

F78[(6) In order to contribute to the objectives laid down in Directives 2000/53/EC on the end-of-life vehicles, 2006/66/EC on batteries and accumulators and waste batteries and accumulators, and 2012/19/EU on waste electrical and electronic equipment, the Minister may also make use of the economic instruments and measures referred to undersub-paragraph (5)and indicated in theSixth Schedule.]

PART II Waste Management Planning

22. Waste management plans.

22.—(1)In this section—

“relevant period” means the period beginning on the date of making of the waste management plan concerned or, as the case may be, the date on which the F79[last evaluation] of the said plan under subsection (4) was completed and ending on the date on which the local authority or authorities concerned expect to complete or, as may be appropriate, to next complete, F79[an evaluation] of the plan under that subsection;

F80["revise", in relation to a waste management plan, includes a review of the plan;]

“waste management plan” includes, where the context admits, a replacement waste management plan under subsection (4) F81[…].

F82[(2)(a) Subject tosubsection (3)andsection 24, in order that plans in combination cover the entire geographical territory of the State, each local authority shall make a waste management plan for non-hazardous waste in relation to its functional area.

(b) The Agency, shall, in accordance withsection 26, establish such a plan for the State in respect of hazardous waste.

(c) The plans shall—

(i) lay down measures to protect the environment and human health by preventing or reducing the adverse impacts of the generation and management of waste and by reducing overall impacts of resource use and improving the efficiency of such use,

(ii) be in accordance with the waste hierarchy set out insection 21A,

(iii) meet the protection of human health and the environment obligations set out insection 32(1), and

(iv) meet the principles of self-sufficiency and proximity set out insection 37A.

(d) Waste management plans and the hazardous waste management plan in existence at the commencement of the Regulations of 2011 shall be evaluated by 31 December 2012 and, consequent on any such evaluation, where appropriate, be revised to be brought into line with the requirements of the Waste Directive.

(3) Two or more local authorities may, in lieu of each of them making a waste management plan, jointly make a plan (in this Act also referred to as a“waste management plan”) as respects their functional areas with regard to the matters specified insubsection (2).

(4) A local authority or, in the case of a waste management plan undersubsection (3), the 2 or more local authorities concerned, shall ensure that a waste management plan made by it or them from time to time as occasion may require is evaluated at least once in each period of 6 years after the date of making of the plan and may, consequent on such an evaluation, where appropriate, make, in accordance with Article 9 of the Waste Directive, Regulation 31 of the Regulations of 2011 andsection 23, any revisions to the plan or replace it with a new waste management plan as it or they thinks or think fit.]

(5)A local authority shall, before it commences the preparation of any of the following, namely, a waste management plan under subsection (2) or (3), a F83[revision] of, or a replacement for, such a plan under subsection (4) or a replacement for such a plan in compliance with a requirement made by the Minister under section 24, cause notice of its intention to commence such preparation to be published in a newspaper circulating in its functional area and such a notice shall state that written representations in relation to the matter may be made to the local authority within a specified period, being a period of not less than 2 months from the date of publication of the notice.

F84[(6)(a) A waste management plan shall—

(i) set out an analysis of the current waste management situation in the geographical entity concerned (if regional, for example, for the region),

(ii) set out the measures to be taken to improve environmentally sound preparing for re-use, recycling, recovery and disposal of waste, and

(iii)(I) set out an evaluation of how the plan will support the implementation of the objectives and provisions of the Waste Directive,

(II) set out such measures or arrangements as are to be taken or entered into by the local authority or local authorities,with a view to securing the objectives of the plan, and

(III) with regard to hazardous waste, cover the matters specified insubsection (8)in so far as they relate to its functional area.

F85[(b) A waste management plan shall contain, as appropriate, and taking into account the geographical level and coverage of the planning area, at least the following:

(i)(I) the type, quantity and source of waste generated within the territory, the waste likely to be shipped from or to the national territory, and an evaluation of the development of waste streams in the future; and

(II) a requirement that, in order to fulfil this obligation, liaison shall be undertaken, as appropriate, with the Minister, the Agency, Dublin City Council and other relevant local authorities;

(ii) existing major disposal and recovery installations, including any special arrangements for waste oils, hazardous waste, waste containing significant amounts of critical raw materials, or waste streams addressed by specific Union legislation;

(iii) an assessment of the need for closure of existing waste installations, and for additional waste installation infrastructure in accordance withsection 37A. The Minister shall ensure that an assessment of the investments and other financial means, including for local authorities, required to meet those needs is carried out. This assessment shall be included in the relevant waste management plans or in other strategic documents covering the entire territory of the State;

(iv) information on the measures to attain the objective laid down in Article 5(3a) of Directive 1999/31/EC or in other strategic documents covering the entire territory of the Member State concerned;

(v) an assessment of existing waste collection schemes, including the material and territorial coverage of separate collection and measures to improve its operation, of any derogations granted in accordance with Article 10(3) of the Waste Directive, and of the need for new collection schemes;

(vi) sufficient information on the location criteria for site identification and on the capacity of future disposal or major recovery installations, if necessary;

(vii) general waste management policies, including planned waste management technologies and methods, or policies for waste posing specific management problems;

(viii) measures to combat and prevent all forms of littering and to clean up all types of litter;

F86[(ix) appropriate qualitative or quantitative indicators and targets, including in respect of any or all of the following:

(I) the quantity of generated waste and its treatment;

(II) municipal waste that is disposed of or subject to energy recovery;

(III) the use of products and materials that have been re-used, re‑manufactured or repaired, or any combination thereof;]

(x) information as respects the integration and implementation of measures consequential on, or incidental to, the requirements ofsection 27Ain relation to waste prevention programmes;

(xi) the measures taken by the Minister to give effect to Article 22 of the Waste Directive in relation to bio-waste.]

(c) A waste management plan may contain, taking into account the geographical level and coverage of the planning area, the following:

(i) organisational aspects related to waste management including a description of the allocation of responsibilities between public and private actors carrying out the waste management;

(ii) an evaluation of the usefulness and suitability of the use of economic and other instruments in tackling various waste problems, taking into account the need to maintain the smooth functioning of the internal market;

(iii) the use of awareness campaigns and information provision directed at the general public or at a specific set of consumers.

F85[(d) Waste management plans shall conform to the waste planning requirements laid down in Article 14 of European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste, and the strategy for the implementation of the reduction of biodegradable waste going to landfills, referred to in Article 5 of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste as well as national legislation and policy on biodegradable waste.]]

(7)Without prejudice to the generality of subsection (6), a waste management plan shall, subject to such regulations as may be made by the Minister for the purposes of this section, include information on or otherwise have regard to—

(a)the policies and objectives, and the priorities respectively assigned to them, of the local authority or authorities concerned in relation to assisting the prevention and minimisation of waste and in relation to the management generally of activities carried on by it or them or other persons as respects the collection, recovery and disposal of waste within its or their functional area or areas;

(b)the measures which—

(i)will be taken during the relevant period by the local authority or authorities concerned, and

(ii)in so far as the local authority or authorities concerned can determine, will or may be taken during the relevant period by persons other than such authority or authorities,

for the purpose of preventing or minimising the production of waste;

(c)F87[…]

(d)F87[…]

(e)facilities, plant and equipment which the local authority or authorities concerned expect to be available or, in its or their opinion, will be required to be available for the collection, recovery or disposal of waste in its or their functional area or areas during the relevant period and matters relevant to the selection of sites in respect of facilities aforesaid;

(f)general requirements of a technical or other nature applicable to the collection, recovery and disposal of waste and the aftercare of facilities used for the disposal of waste;

(g)the steps to be taken generally by the local authority or authorities concerned to enforce the provisions of this Act in its or their functional area or areas;

(h)the identification of sites at which waste disposal or recovery activities have been carried on, the assessment of any risk of environmental pollution arising as a result of such activities, measures proposed to be taken, or, where such an assessment has already been made measures taken, in order to prevent or limit any such environmental pollution, the identification of necessary remedial measures in respect of such sites, and measures proposed to be taken, or, where such measures have already been identified, measures taken, to achieve such remediation, having regard to the cost-effectiveness of available remediation techniques;

(i)any incidental and ancillary matters;

(j)such other matters as may be prescribed.

(8)There shall be included in a waste management plan, but separate from the other information contained in the plan, information as respects the implementation of measures consequential on, or incidental to, the provisions of the hazardous waste management plan or any recommendations made by the Agency under section 26 (6).

F88[(8 bis.)F89[…]]

F86[(9) The Minister may make regulations relating to any matter to be set out or addressed in a waste management plan.]

F90[(10) (a) On and from the passing of the Waste Management (Amendment) Act, 2001, but without prejudice toparagraph (c), the duties of a local authority under this section with respect to the making of a waste management plan shall be carried out by the manager of the authority and, accordingly, the making of such a plan shall be an executive function.

(b) For the avoidance of doubt, the waste management plans to whichparagraph (a)applies include such a plan which a local authority indicated its intention, before the passing of the Waste Management (Amendment) Act, 2001, to make jointly with one or more other local authorities but which plan it subsequently (but before the said passing) decided not to make.

(c) Where in the opinion of the manager of a local authority a waste management plan purporting to be made, before the passing of the Waste Management (Amendment) Act, 2001, by the authority jointly with one or more other local authorities is invalid because the decision of the authority purporting to make the plan, expressly or by implication, qualifies its assent to the plan—

(i) by making its assent to the plan subject to one or more conditions being satisfied, or

(ii) by the authority purporting to reserve to itself a power to vary the plan, otherwise than pursuant to the powers conferred on it in that behalf by this section, or

(iii) in any other respect whatsoever,

the manager shall, not later than the date prescribed for the purposes ofsubsection (2), by order—

(I) declare that he or she is of that opinion, and

(II) make the said plan,

and the said plan, as so made, shall, accordingly, be deemed for all purposes to be the waste management plan made by the local authority, but without prejudice to any steps taken by that or any other local authority, before the date of the making of the said order, pursuant to the terms of the said plan as purported to be jointly made by those local authorities.

F91[(d) On and from the commencement ofsection 26(2)(b) of the Protection of the Environment Act 2003,F92[the evaluation, revision]or replacement of a waste management plan shall be an executive function.]

(e)F93[…]

(f)F93[…]

(g) A local authority shall not, by resolution, under section 3 or 4 of theCity and County Management (Amendment) Act, 1955, orsection 179 of the Planning and Development Act, 2000, give a direction that works not be proceeded with or require any act, matter or thing to be done or effected where the effect of such direction or requirement would be contrary to, or inconsistent with, any provision (including any objective contained therein) of a waste management plan or would limit or restrict the proper implementation of such a provision and any resolution purporting to be passed under the said section 3, 4 or 179 which contravenes this paragraph shall be void.

F94[(10A) (a) The development plan for the time being in force in relation to the functional area of a local authority shall be deemed to include the objectives for the time being contained in the waste management plan in force in relation to that area.

(b)(i) In the event of there being a conflict between an objective deemed to be included in a development plan by virtue ofparagraph (a)(the“firstmentioned objective”) and an objective otherwise included in the development plan (the“second-mentioned objective”), the first-mentioned objective shall override the second-mentioned objective, irrespective of whether or not the development plan is subsequent to the waste management plan referred to in that paragraph.

(ii) A reference insubparagraph (i)to—

(I) an objective deemed to be included in a development plan by virtue ofparagraph (a)shall be construed as including a reference to an objective deemed to be included in a development plan by virtue of this subsection before the amendment of it bysection 26of theProtection of the Environment Act 2003,

(II) an objective otherwise included in a development plan shall be construed as including a reference to an objective otherwise included in a development plan before the amendment of this subsection by thatsection 26.

(10AA) An application for permission under Part III ofthe Planning and Development Act 2000shall not be refused by a planning authority or An Bord Pleanála solely on the ground that the development to which the application relates is not specifically referred to in the waste management plan in force in relation to the functional area of the planning authority if the planning authority or the Board, as the case may be, considers the development will facilitate the achievement of the objectives of that waste management plan.]

(10B) (a) Where a planning authority proposes to grant permission under Part III of thePlanning and Development Act, 2000, for development which is consistent with the provisions (including any objectives contained therein) of, and is necessary for the proper implementation of, the waste management plan in force in relation to the authority’s functional area, but, in the opinion of the manager of the authority, would contravene materially any other objective of the development plan in force in relation to that area, the manager shall—

(i) publish notice of the intention of the authority to grant the permission in one or more newspapers circulating in that area,

(ii) give a copy of the notice to the applicant for permission and to any person who has made a submission or observation in writing in relation to the development to which the application relates in accordance with any regulations made under thePlanning and Development Act, 2000.

(b) Any submission or observation in writing in relation to the making of a decision to grant the permission concerned which is received by the planning authority not later than 4 weeks after the publication of the notice in accordance withparagraph (a)shall be considered by the manager of the authority.

(c) Following consideration of any submissions or observations received in accordance withparagraph (b), the manager of the planning authority may, subject to, and in accordance with, the provisions of thePlanning and Development Act, 2000(apart from the amendments of them effected by this section), decide to grant the permission, with or without conditions, or to refuse the permission.

(d) Section 34(6) of thePlanning and Development Act, 2000, shall not apply to applications for permission referred to in paragraph (a).

(e) Notwithstanding section 34(8) of thePlanning and Development Act, 2000, where a notice referred to inparagraph (a)is published in relation to an application for permission for development, the manager of the planning authority concerned shall make his or her decision in relation to the application within the period of 8 weeks beginning on the day on which the notice is first published.

(10C) (F95[a]) Where development which is consistent with the provisions (including any objectives contained therein) of, and is necessary for the proper implementation of, the waste management plan in force in relation to the area concerned but, in the opinion of the manager of the authority, would contravene materially any other objective of the development plan in force in relation to the area concerned, is proposed to be carried out by—

(F95[i]) a local authority that is a planning authority, or

(F95[ii]) some other person on behalf of, or jointly or in partnership with such a local authority, pursuant to a contract entered into by that local authority,

within the functional area of the authority (hereafter in this section referred to as“proposed development”), the manager shall publish notice of the intention of the authority to carry out the proposed development in one or more newspapers circulating in that functional area.

(F95[b]) Any submission or observation in writing in relation to the proposed development which is received by the planning authority not later than 4 weeks after the publication of the notice in accordance withparagraph (a)shall be considered by the manager of the authority.

(F95[c]) Following consideration of any submissions or observations received in accordance withsubsection (2), the manager may—

(F95[i]) notwithstanding the fact that the proposed development would materially contravene the development plan, decide to proceed with the proposed development, with or without modifications (and, where he or she so decides, he or she shall follow the relevant procedures contained in section 175 or 179 of thePlanning and Development Act, 2000, as appropriate), or

(F95[ii]) decide not to proceed with the proposed development.]

F96[(10D) (a) In performing their functions under the Planning and Development Acts 2000 to 2002, and, in particular, their functions under Part III and sections 175 and 179 ofthe Planning and Development Act 2000, planning authorities and An Bord Pleanála shall ensure that such measures as are reasonably necessary are taken to secure appropriate provision for the management of waste (and, in particular, recyclable materials) within developments, including the provision of facilities for the storage, separation and collection of such waste (and, in particular, such materials) and the preparation by the appropriate persons of suitable plans for the operation of such facilities.

(b) The Minister may issue guidelines as to the steps that may be taken to comply with this subsection.]

(11)In making or F97[evaluating] a waste management plan, the local authority or authorities concerned shall have regard to the proper planning and development of its or their functional area or areas and shall, for this purpose, have regard to the provisions of—

(a)the development plan or plans and any special amenity area order made under the Act of 1963,

(b)a water quality management plan made under the Local Government (Water Pollution) Acts, 1977 and 1990, and

(c)an air quality management plan made under the Air Pollution Act, 1987,

for the time being in force in relation to the said area or areas.

(12)A local authority shall take such steps as are appropriate and necessary to attain in relation to its functional area the objectives in a waste management plan made by the authority (whether such plan has been made by the authority or jointly by the authority with another local authority or other local authorities).

(13)The corporation of a borough (not being a county borough) or the council of an urban district shall, in the performance by it of any functions in relation to waste management, have regard to the provisions of a waste management plan made by the council of the county in whose functional area the borough or urban district is situate.

(14) F98[…]

23. Publication of notices in relation to waste management plans and procedure on review of such plans.

23.—(1)Where a local authority proposes to make, under subsection (2) or (3) of section 22, F101[or to revise] or replace under subsection (4) of that section, or to replace in compliance with a requirement made by the Minister under section 24, a waste management plan (“the plan”), the local authority shall cause to be published in at least one newspaper circulating in its functional area a notice of the proposal to F101[make, revise] or replace, as the case may be, the plan, and shall submit a copy of the proposed plan or, as the case may be, the proposed F101[revision] of the plan, to the Minister, the Agency and such other persons as may be prescribed.

(2)A notice under subsection (1) shall state that—

(a)a copy of the proposed plan or, as the case may be, F101[the proposed revision] of the plan may—

(i)be inspected at a specified place and at specified times during a specified period, being a period of not less than 2 months from the time when the proposed plan or F101[revision is deposited for inspection (and the proposed plan or revision] shall be so deposited and made available for such inspection accordingly), and

(ii)be purchased from the local authority (and the proposed plan or F101[revision] shall be made available for such purchase accordingly (at a cost not exceeding the reasonable cost of making a copy));

(b)written representations in relation to the proposed plan or to the F101[proposed revision] of the plan made to the local authority within the period aforesaid will be taken into consideration by the local authority or authorities concerned before the making of the plan or, as the case may be, F101[the revision] of the plan (and any such representations shall be taken into consideration accordingly).

(3)The local authority or authorities concerned, having considered any representations duly made to it or each of them, as the case may be, within the relevant period under subsection (2), may make, F101[revise] or replace the plan (whether in the terms as originally proposed or with such amendments as it or they thinks or think fit).

(4)(a)A local authority which has made a plan under subsection (2) or (3) of section 22 shall furnish to a person, on request and, if the authority so requires, payment to it by the person of such reasonable fee as it may charge, a copy of, or extract from, the plan, within a period of 21 days of receipt by the authority of such request, or of payment of such fee as it may charge, whichever shall be the later.

(b)A document purporting to be a copy of a plan or to be an extract from a plan and to be certified by an officer of a local authority which made the plan under subsection (2) or (3) of section 22 as a true copy shall be prima facie evidence of the plan or extract, as the case may be, and it shall not be necessary to prove the signature of such officer or that he or she was in fact such an officer.

(c)Evidence of a plan or of an extract from such plan may be given by production of a copy thereof certified pursuant to this subsection and it shall not be necessary to produce the plan itself.

24. Power of Minister in relation to waste management plans.

24.—The Minister may, after consultation with the local authority or authorities concerned—

(a)require that two or more local authorities jointly make a waste management plan under section 22 (3),

(b)require that the making of waste management plans, whether under subsection (2) or (3) of section 22, by two or more local authorities be co-ordinated in such manner and in relation to such matters as the Minister may specify, and

(c)require a local authority or, as the case may be, two or more local authorities, to F102[revise] (whether by addition or deletion) a waste management plan made by it or them in such manner as the Minister may specify or to replace the plan by a new waste management plan,

and the local authority or authorities shall comply with any such requirement of the Minister.

25. Duty of local authority on making, varying or replacing a waste management plan.

25.—As soon as may be after a local authority or, as the case may be, two or more local authorities, has or have made, F103[revised] or replaced a waste management plan, the local authority or, as the case may be, one of the local authorities, shall transmit a copy of the plan or F103[revision] or the new plan, as the case may be, to the Minister, the Agency and such other persons as may be prescribed.

26. Hazardous waste management plan.

26.—(1)The Agency shall, as soon as may be after the commencement of this section, but not later than such date as may be prescribed, make a national plan (in this Act referred to as “the hazardous waste management plan”) with regard to—

(a)the prevention and minimisation of hazardous waste,

(b)the recovery of hazardous waste,

(c)the collection and movement of hazardous waste, and

(d)the disposal of such hazardous waste as cannot be prevented or recovered.

(2)The hazardous waste management plan shall have regard to, and incorporate such information contained in, any waste management plan as the Agency considers appropriate and shall—

(a)describe the type, quantity and origin of hazardous waste arising in the State, the movement of hazardous waste within, into or out of the State, and facilities available for the collection, recovery or disposal of such waste in the State, and such description shall indicate the likely position with respect to each of those matters for such period after the making or review under subsection (3) of the plan as the Agency thinks appropriate;

(b)specify objectives and, where appropriate, targets which in the opinion of the Agency are practicable or desirable in relation to the prevention and minimisation of the production of hazardous waste, the minimisation of the harmful nature of such waste and the recovery or disposal of such waste, over such periods as may be specified;

(c)provide for, as appropriate, the identification of sites at which waste disposal activities, being activities that to a significant extent involved hazardous waste, have been carried on, the assessment of any risk of environmental pollution arising as a result of such activities, the taking or recommendation of measures in order to prevent or limit any such environmental pollution, the identification of necessary remedial measures in respect of such sites, and the recommendation of measures to be taken to achieve such remediation, having regard to the cost-effectiveness of available remediation techniques;

(d)have regard to the need to give effect to the polluter pays principle;

(e)have regard to the need for precaution in relation to the potentially harmful effect of emissions, where there are, in the opinion of the Agency, reasonable grounds for believing that such emissions could cause significant environmental pollution;

(f)make recommendations, as respects the management of hazardous waste, regarding—

(i)priorities, measures or programmes which could be pursued,

(ii)infrastructure, waste facilities or other physical resources considered by the Agency to be necessary throughout the State or in any area of the State,

(iii)the functions of any relevant public authorities;

(g)specify policies which the Agency proposes to pursue, having regard to its functions under this Act or any other enactment.

F104[(3) The Agency shall from time to time as it thinks appropriate, and at least once in each period of 6 years after the date of making of the hazardous waste management plan, evaluate the plan and make such revisions to it, in accordance with Article 9 of the Waste Directive and Regulation 31 of the Regulations of 2011, as it thinks fit and references in this Part to such a plan shall, unless the context otherwise requires, be construed as including references to such a plan as so revised.]

(4)(a)The Agency shall cause to be published in at least one national newspaper—

(i)a notice of its intention to make the hazardous waste management plan,

(ii)where it has carried out a review of that plan and proposes to revise the plan consequent on such a review, a notice of that proposal,

and shall furnish a copy of the plan or, as the case may be, the proposed revision of the plan to the Minister, each local authority and such other persons as may be prescribed.

(b)Subsections (2), (3) and (4) of section 23 shall apply in relation to the hazardous waste management plan and a notice aforesaid as those provisions apply in relation to a waste management plan and a notice under subsection (1) of section 23 with the following and any other necessary modifications, namely—

(i)references in those provisions to a plan and a proposed F105[revision] of a plan shall be construed, respectively, as references to the hazardous waste management plan and a proposed revision of that plan,

(ii)references in those provisions to F105[revising] or replacing a plan shall be construed as references to revising a plan,

(iii)references in those provisions to a local authority shall be construed as references to the Agency.

(5)A Minister of the Government, a local authority and any other public authority in whom are vested functions by or under any enactment in relation to the protection of the environment shall have regard to, and in so far as it is considered by that Minister of the Government, local authority or other public authority to be appropriate to do so, shall take measures to implement or otherwise give effect to, recommendations contained in the hazardous waste management plan.

(6)Without prejudice to subsection (5), the Agency may, having regard to the provisions of the hazardous waste management plan and the functions of local authorities in relation to the management of hazardous waste, make such recommendations to one or more local authorities as the Agency considers appropriate in relation to the effective management by it or them of hazardous waste, and such recommendations shall be regarded as having been issued under and in accordance with section 63 of the Act of 1992.

(7)For the purpose of the making or F106[evaluation] of a hazardous waste management plan by the Agency, it shall be the duty of each local authority and any public authority referred to in subsection (5) to furnish to the Agency, on request being made by the Agency therefor, any relevant information which is available to, or may reasonably be obtained by, the local authority or public authority.

(8)Nothing in this Part shall be construed as requiring the Agency to provide, or assume a direct role in the provision of, any waste facilities, equipment or related resources or as imposing a duty on the Agency owed to any person to identify a site at which a waste disposal activity has been carried on or to do any other thing referred to in subsection (2) (c) in relation to such a site.

(9)Upon the making of the hazardous waste management plan or of any revisions thereto, the Agency shall—

(a)cause to be published in at least one national newspaper a notice of that fact and of the means by which a copy of the plan, as made or revised, may be obtained by members of the public at a cost not exceeding the reasonable cost of making a copy, and

(b)furnish a copy of the plan, as made or revised, to the Minister and each local authority, and any other public authority which in the opinion of the Agency has an interest in the management of hazardous waste.

F107[(10) In this section,“revise”, in relation to the national hazardous waste management plan, includes a review of the plan.]

PART III Measures to Reduce Production, and Promote Recovery, of Waste

27. Interpretation (Part III).

27.—(1)In this Part—

“deposit and refund scheme” means, in relation to any product, substance, component or packaging, a scheme whereby the producer, distributor or retailer, as the case may be, who operates the scheme requires a purchaser of a product or substance to pay to him or her a refundable deposit in relation to the product or substance or any component thereof or packaging therefor, that is to say a deposit of money the amount of which will be repaid by the producer, distributor or retailer, as the case may be, to the purchaser if the purchaser returns to him or her the product, substance, component or packaging, as the case may be;

“distributor” means a person who sells or supplies a product or substance by wholesale and “distribute” shall be construed accordingly;

“environmental audit” has the same meaning as it has in section 74 of the Act of 1992;

“environmental management system” means a system for managing the carrying on of an activity with regard to its effects on the environment;

“life cycle assessment” means, in relation to a product, an assessment of the effects on the environment of the manufacture, distribution, marketing and use of the product and the recovery or, as appropriate, disposal thereof (including the use of energy and raw materials in, and the production of waste from, any of the said activities);

“producer” includes such person as the Minister may specify by regulations to be a producer for the purposes of this Part (and such specification may include the importer or vendor of the product concerned);

“producer responsibility obligation” means a requirement to take steps for the purpose of the prevention, minimisation, limitation or recovery of waste as respects the class or classes of product to which the requirement relates and may include a requirement to achieve specified targets in relation to those matters;

“waste audit” means an evaluation of the manner in which an activity is carried on with a view to identifying opportunities for—

(a)preventing or minimising the production of waste from the activity or the harmfulness of any waste produced from the activity, and

(b)facilitating the recovery of any waste so produced.

(2)A reference in this Part to the implementation and operation of a waste reduction programme shall be construed as a reference to the taking of steps in a systematic manner for the purpose of—

(a)reducing the production of waste from the activity concerned or the harmfulness of any waste produced from the activity, and

(b)recovering any waste so produced,

having regard to the results of a waste audit conducted in relation to the activity.

27A. F108[Prevention of waste

27A.—(1) The Minister or any Minister of the Government concerned shall take measures to prevent waste generation. Those measures shall, at least, include those described in Article 9(1) of the Waste Directive.

(2) The Agency shall monitor and assess the implementation of the waste prevention measures referred to inpara (1). For that purpose, they shall use appropriate qualitative or quantitative indicators and targets, notably on the quantity of waste that is generated.

(3) The Agency shall monitor and assess the implementation of measures on re-use by measuring re-use on the basis of the common methodology established by the implementing act referred to in Article 9(7) of the Waste Directive as from the first full calendar year after the adoption of that implementing act.

(4) The Agency shall monitor and assess the implementation of national food waste prevention measures by measuring the levels of food waste on the basis of the methodology established by the delegated act referred to in Article 9(8) of the Waste Directive as from the first full calendar year after the adoption of that delegated act.

(5) The public authorities concerned, shall ensure that any supplier of an article as defined in point 33 of Article 3 of Regulation (EC) No 1907/2006^12of the European Parliament and of the Council provides the information pursuant to Article 33(1) of that Regulation to the European Chemicals Agency as from 5 January 2021 using the format(s) and submission tool(s) provided by the European Chemical Agency for that purpose.]

27B. F109[Waste prevention programmes

27B.—(1) The Agency shall establish waste prevention programmes setting out at least the waste prevention measures as laid down inSection 27A(1)in accordance withSection 21Aand with Article 1 of the Waste Directive.

Such programmes shall be integrated either into the waste management plans required underF110[section 22]or into other environmental policy programmes, as appropriate, or shall function as separate programmes. If any such programme is integrated into the waste management plan or into those other programmes, the waste prevention objectives and measures shall be clearly identified.

(2) When establishing such programmes, the Agency shall, where relevant, describe the contribution of instruments and measures listed in theSixth Scheduleto waste prevention and shall evaluate the usefulness of the examples of measures indicated theFirst Scheduleor other appropriate measures. The programmes shall also describe existing waste prevention measures and their contribution to waste prevention.

(3) The aim of such objectives and measures shall be to break the link between economic growth and the environmental impacts associated with the generation of waste.

(4) The Agency shall adopt specific food waste prevention programmes within their waste prevention programmes.

(5) The Agency shall from time to time as it thinks appropriate, and at least once in each period of 6 years after the date of making of a waste prevention programme, evaluate the plan and make such revisions to it, in accordance with Article 9 of the Waste Directive and Regulation 31 of the Regulations of 2011, as it thinks fit and references in Part II and this Part to such a plan shall, unless the context otherwise requires, be construed as including references to such a plan as so revised.

(6) Upon the establishment of a waste prevention programme or programmes or of any revisions thereto, the Agency shall—

(a) cause to be published in at least one national newspaper a notice of that fact and of the means by which a copy of the plan, as made or revised, may be obtained by members of the public at a cost not exceeding the reasonable cost of making a copy, and

(b) furnish a copy of the plan, as made or revised, to the Minister and each local authority, and any other public authority which in the opinion of the Agency has an interest in the programme or programmes.

(7) In this section, "revise", in relation to a waste prevention programme, includes a review of the programme.]

28. Waste prevention and minimisation.

28.—(1)For the purpose of promoting, supporting or facilitating the prevention or minimisation of waste, any Minister of the Government or a local authority may provide such support or assistance, including the provision of moneys, as he or she or the local authority considers appropriate in relation to research and development projects being carried out, or proposed to be carried out, by any person in respect of the prevention or minimisation of waste, and for the purposes aforesaid may establish programmes and specify criteria and objectives governing the availability and provision of such assistance and support.

(2)(a)A person who carries on any activity of an agricultural, commercial or industrial nature (including the manufacture of any product) shall have due regard to the need to prevent or minimise the production of waste from that activity and, as the case may be, from any product manufactured by him or her as a result of such an activity, and shall take all such reasonable steps as are necessary for the purposes of such prevention or minimisation (including, where appropriate, steps as respects the design of any product aforesaid).

(b)The Minister may by regulations specify steps, as respects any particular activity aforesaid, that shall be regarded as reasonable steps necessary to be taken for the purposes of the prevention or, as the case may be, minimisation of the production of waste referred to in paragraph (a), and a person who carries on such an activity shall take those steps accordingly.

(3)(a)Subject to paragraph (c), the Minister may, after consultation with any Minister of the Government concerned, make regulations for the purpose of preventing, minimising or limiting the production of waste or a specified class or classes of waste, and any such class may be defined by reference to the manufacturing or industrial process or other activity giving rise to the waste concerned or to such other matters as the Minister thinks appropriate.

(b)Subject as aforesaid, regulations under this section may include provisions for the imposition of producer responsibility obligations on producers of products.

(c)Regulations under this section shall only apply to a scheduled activity to such extent as the Minister may determine following consultation with the Agency.

(4)Without prejudice to the generality of subsection (3), regulations under this section may provide for all or any of the following matters—

(a)requiring a person, in a specified manner, to conduct a waste audit and implement and operate a waste reduction programme in relation to an activity carried on by him or her,

(b)requiring the keeping of specified documents, records or other particulars, and the furnishing of specified information to specified persons or the publication of specified information, in relation to the conduct of a waste audit or the implementation and operation of a waste reduction programme,

(c)exempting a person from the requirements of regulations under the foregoing paragraphs, as respects a particular activity being carried on by that person, if and for so long as he or she is carrying out a specified environmental audit, or operating a specified environmental management system, in relation to the particular activity,

(d)prohibiting, otherwise than with the consent of a person prescribed for the purpose by regulations under paragraph (e), the display or use of any specified mark or symbol at any premises or on or in any product, substance, packaging, advertisement or notice,

(e)prescribing a person for the purposes of regulations under paragraph (d), the procedures to be followed by such a person in granting any consent under such regulations and enabling him or her to withdraw such a consent in specified circumstances,

(f)without prejudice to paragraph (g), requiring a person to use the F111[best available techniques] for preventing or limiting the production of waste from an activity carried on by the said person,

(g)the specification, by the Minister or such person as may be prescribed for the purpose by the regulations, of the F111[best available techniques] for preventing or limiting the production of waste from an activity carried on by a person specified in regulations under paragraph (f),

(h)requiring the producer of a specified class or classes of product to carry out a life cycle assessment in relation to the product, in such manner or in accordance with such standards or procedures as may be specified,

(i)prohibiting, or limiting or controlling in a specified manner and to a specified extent—

(i)the production or use, in a production process or otherwise, of any substance, material or thing,

(ii)the composition, production, importation, distribution, supply, sale, disposal or advertising of any product or substance, or

(iii)the production of any waste,

(j)specifying requirements to be complied with as respects the design, composition or production of packaging and the use which may be made of packaging, including a requirement—

(i)that the composition, volume or weight of packaging be restricted or limited to such extent as is consistent with its purpose of providing protection for the product or substance concerned,

(ii)that packaging be designed, produced and used so as to be capable of being re-used,

(k)requiring products to be designed, manufactured or constructed in a specified manner or in accordance with such standards as may be prescribed in accordance with regulations under paragraph (l),

(l)enabling a specified person or persons to prescribe standards for the purposes of regulations under paragraph (k),

(m)requiring a producer to prepare and publish, at a specified frequency and in a specified manner—

(i)a plan specifying the steps proposed to be taken by him or her to prevent or minimise the production of waste from any activity of production carried on by him or her or from a product manufactured by him or her, or any component of, or packaging related to, such a product, and

(ii)a report on the steps taken by him or her in pursuance of such a plan and the results of those steps,

(n)requiring the preparation and publication, at a specified frequency and in a specified manner, by a person who is the subject of any specified requirement of regulations under this section (other than a requirement imposed by regulations under paragraph (m)) of—

(i)a plan specifying the steps to be taken by him or her to comply with such a requirement, and

(ii)a report on the steps taken by him or her to comply with such a requirement and the results of those steps,

(o)conferring on public authorities (including the Minister) and other specified persons specified additional functions for the purpose of securing or facilitating the operation of provisions of regulations under this section,

(p)any matters consequential on, or incidental to, the foregoing.

(5)(a)Without prejudice to subsection (3) or section 7 (2), regulations under this section may make provision in relation to persons, products, substances, activities or other matters referred to in this section generally or in relation to a specified class or classes of such persons, products, substances, activities or other matters.

(b)A target an obligation to achieve which is imposed on a person by regulations under this section may be defined in such regulations by reference to a specified proportion (whether by weight, volume or otherwise) of the products, substances or other things to which the obligation relates.

(6)A person who contravenes subsection (2) (b) or a provision of regulations under this section shall be guilty of an offence.

(7)In a prosecution for a contravention of regulations under this section (being a contravention consisting of a failure to achieve a target specified in the regulations), it shall be a good defence to prove that the accused took all reasonable steps to achieve the said target.

29. Measures related to recovery of waste.

29.— F112[(1) A reference in this section to the implementation and operation of a source separation programme for waste shall be construed as a reference to the taking of steps in a systematic manner for the purposes of—

(a) separating specified waste from other waste and the holding of such waste so separated prior to its collection, recovery or disposal, and

(b) giving effect to the requirements of Article 22 of the Waste Directive in relation to bio-waste.]

(2)For the purpose of promoting, supporting or facilitating the recovery of waste, any Minister of the Government or a local authority may provide to any person such support or assistance, including financial assistance, as he or she or the local authority considers appropriate, including the provision of moneys in relation to research and development projects being carried out or proposed to be carried out by any person in respect of the recovery of waste, and for the purposes aforesaid may establish programmes and specify criteria and objectives governing the availability and provision of such assistance and support.

F113[(2A) (a) It shall be the duty of waste producers and holders to ensure that waste undergoes preparing for re-use, recycling or other recovery operations in accordance withsections 21Aand32(1).

(b) A person who contravenesparagraph (a)shall be guilty of an offence.

(c) The Agency and the local authorities, in carrying out their functions under this Act and related waste management legislation and policy, shall take the necessary measures to ensure that waste undergoes recovery operations in accordance with this section andsections 21Aand32(1).]

F114[(2B) Where necessary to comply withsubsection (2A)and to facilitate or improve preparing for re-use, recycling and other recovery operations, waste shall be subject to separate collection and shall not be mixed with other waste or other material with different properties.]

F115[(2C) The Agency and the local authorities may allow derogations fromsubsection (2B)provided that at least one of the following conditions is met:

(a) collecting certain types of waste together does not affect their potential to undergo preparing for re-use, recycling or other recovery operations in accordance withsection 21Aand results in output from those operations which is of comparable quality to that achieved through separate collection;

(b) separate collection does not deliver the best environmental outcome when considering the overall environmental impacts of the management of the relevant waste streams;

(c) separate collection is not technically feasible taking into consideration good practices in waste collection;

(d) separate collection would entail disproportionate economic costs taking into account the costs of adverse environmental and health impacts of mixed waste collection and treatment, the potential for efficiency improvements in waste collection and treatment, revenues from sales of secondary raw materials as well as the application of the polluter-pays principle and extended producer responsibility.

The Agency and the local authorities shall regularly review derogations under this paragraph taking into account good practices in separate collection of waste and other developments in waste management.

(2D) The Agency and the local authorities shall take measures to ensure that waste that has been separately collected for preparing for re-use and recycling pursuant to Article 11(1) and Article 22 of the Waste Directive is not incinerated, with the exception of waste resulting from subsequent treatment operations of the separately collected waste for which incineration delivers the best environmental outcome in accordance withsection 21A.

(2E) Where necessary to comply withsubsection (2A)and to facilitate or improve recovery, waste producers and holders shall take the necessary measures, before or during recovery, to remove hazardous substances, mixtures and components from hazardous waste with a view to their treatment in accordance withsections 21Aand32(1).

(2F) By 31 December 2021, the Agency shall submit a report to the Commission on the implementation of this Section as regards municipal waste and bio-waste, including on the material and territorial coverage of separate collection and any derogations under(2C).]

(3)(a)The Minister may, after consultation with any Minister of the Government concerned, make regulations in relation to or for the purpose of the recovery of waste or a specified class or classes of waste, and any such class may be defined by reference to the manufacturing or industrial process or other activity giving rise to the waste concerned or to such other matters as the Minister thinks appropriate.

F116[(b)Regulations under this section may include provisions for the imposition of producer responsibility obligations on producers of products including provisions requiring the producer of a specified product to partly or wholly bear the waste management costs of that product and or the sharing of these costs with the distributors of such specified products.]

F117[(c) In order to maximise environmental benefits, including the environmentally sound management of products at their end of life, regulations under this section may also include provisions for the application of economic instruments including the making of arrangements relating to the display of environmental management charges, at a specified rate, by a producer or distributor as appropriate, to the purchasers of specified products.]

(4)Without prejudice to the generality of subsection (3), regulations under this section may provide for all or any of the following matters—

(a)requiring the labelling or marking of a product or substance or its packaging, in a specified manner, so as to identify or specify—

(i)the composition of the product, substance or packaging,

(ii)the potential hazards of the product, substance or packaging in the event of its being recovered or disposed of,

(iii)the potential of the product, substance or packaging to be recovered,

(iv)such other information as may be specified,

(b)specifying requirements to be complied with as respects the nature, composition or design of packaging and the use to be made of packaging, and such requirements may include a prohibition on the use of packaging otherwise than in the specified circumstances or a requirement that packaging be designed in accordance with such standards as may be prescribed in accordance with regulations under paragraph (e) for the purpose of facilitating the recovery of the packaging,

(c)prohibiting, or limiting or controlling in a specified manner and to a specified extent, the importation, distribution, supply or sale in a specified container or other packaging of any product or substance,

(d)for the purpose of facilitating the removal of components from, or the dismantling of, products prior to their recovery or disposal, requiring products to be designed, manufactured or constructed in a specified manner or in accordance with such standards as may be prescribed in accordance with regulations under paragraph (e),

(e)enabling a specified person or persons to prescribe standards for the purposes of regulations under paragraph (b) or (d),

(f)requiring a producer, distributor or retailer to operate a deposit and refund scheme in relation to a product or substance of a type or brand made, distributed or sold by him or her, or any component of, or packaging related to, such product or substance,

(g)specifying the conditions under which a scheme referred to in paragraph (f) is to be operated (including the amount of the deposit or deposits to be required of the purchasers concerned and the targets that the operator of such a scheme shall achieve as respects the return of products, substances or packaging under the scheme in a particular period),

(h)requiring a producer, distributor or retailer to collect or arrange for the collection of, or to take back or arrange for the taking back of, without imposing any charge for so doing, any product or substance of a type or brand made, distributed or sold by such producer, distributor or retailer, or any component of, or packaging related to, such product or substance, after the purchaser thereof F118[(or, as appropriate, any person who acquires the product or substance subsequent to its first being purchased)] no longer has any use for it, and specifying the conditions under which such collection or taking back is to be conducted (including the targets that the producer, distributor or retailer shall achieve as respects the collection or taking back of such type or brand of product or substance, or such related components or packaging, in a particular period),

(i)requiring the owner or manager of a supermarket, service station or other sales outlet to provide, free of charge, specified facilities at such an outlet for the removal by customers of packaging from products or substances purchased by them at that outlet, and receptacles for the deposit of such packaging,

(j)requiring the owner or manager of a supermarket, service station or other sales outlet to impose a charge on a customer in respect of the provision by him or her to the customer of any bag, container or other such packaging in relation to products or substances purchased by the customer at that sales outlet, such charge being of an amount equal to the full cost of such packaging or to such other amount as may be specified in the regulations,

(k)requiring the purchaser of a product or substance to return such product or substance, or any component of, or packaging related to, such product or substance, after he or she no longer has any use for it to a retailer of such a product or substance or to deliver it to an authorised waste collector or other specified person or facility,

(l)requiring a producer of a product or substance to use recovered or recoverable material or components in the production of the product or substance, or prohibiting, or limiting or controlling in a specified manner and to a specified extent, the use of specified virgin material in such production,

(m)requiring a person to implement and operate, in a specified manner, a source separation programme for waste of a specified class or classes,

(n)requiring that waste, the subject of a source separation programme, be offered and made available, free of charge or otherwise, in a specified manner, to a specified person for collection by such a person,

(o)requiring, in a specified manner, the owner or manager of a supermarket, service station or other sales outlet to provide, operate and maintain, or arrange for the provision, operation and maintenance of, waste collection receptacles at such an outlet for use by members of the public and transfer or arrange for the transfer of waste that may be so placed in such receptacles to a specified waste recovery facility,

(p)requiring that any used product, substance, component, packaging or other waste to which regulations under any other provision of this subsection apply be recovered in a specified manner,

(q)requiring specified other steps to be taken in relation to waste referred to in paragraph (p) where, by reason of circumstances defined in the regulations, it is not practicable to recover the waste,

(r)notwithstanding any other provision of this section, requiring a local authority to provide specified financial assistance in a specified manner to persons engaged in the recovery of household waste,

(s)exempting from all or any of the requirements of regulations under this section a person who is certified by an association or body corporate formed or established for the purpose of carrying on waste recovery activities and approved by the Minister in accordance with regulations under paragraph (t) to be either—

(i)a member or shareholder of that association or body corporate, as the case may be, or

(ii)participating, in a satisfactory manner, in a scheme for the recovery of waste, or complying with any requirements specified by that association or body corporate, as the case may be, in relation to the recovery of waste,

(t)(i)the granting by the Minister of approvals for the purpose of regulations under paragraph (s) and the conditions which he or she may attach to such approvals, including conditions relating to—

(I)the financial and administrative arrangements to be made by the association or body corporate concerned,

(II)the waste recovery activities to be carried on by the association or body corporate concerned and the manner in which they are to be carried on,

(III)targets to be achieved by the association or body corporate concerned with respect to the recovery of waste by it,

(ii)enabling the Minister to vary as he or she thinks fit any condition attached to an approval aforesaid or to revoke such an approval in specified circumstances,

(iii)the means by which an association or body corporate shall determine, for the purpose of regulations under paragraph (s), whether a person is participating, in a satisfactory manner, in a scheme referred to in that paragraph or, as the case may be, is complying with requirements referred to in that paragraph,

(iv)the grant and revocation by an association or body corporate of a certificate for the purpose of regulations under paragraph (s) and the notifications to be given by it in respect of such a grant or revocation to the person concerned and other specified persons,

(u)requiring a person to keep specified documents, records or other particulars and to furnish specified information to specified persons in relation to the steps taken by him or her to comply with a specified requirement of regulations under this section, and enabling a specified person to verify the accuracy of any matter stated or recorded pursuant to a requirement of regulations under this paragraph,

(v)requiring a producer or distributor to prepare and publish, at a specified frequency and in a specified manner—

(i)a plan specifying steps proposed to be taken by him or her to promote, support or facilitate the recovery of any product or substance made, distributed or sold by him or her, or any component of, or packaging related to, such a product or substance, and

(ii)a report on the steps taken by him or her in pursuance of such a plan and the results of those steps,

(w)requiring the preparation and publication, at a specified frequency and in a specified manner, by a person who is the subject of any specified requirement of regulations under this section (other than a requirement imposed by regulations under paragraph (v)) of—

(i)a plan specifying the steps to be taken by him or her to comply with such a requirement, and

(ii)a report on the steps taken by him or her to comply with such a requirement and the results of those steps,

(x)conferring on public authorities (including the Minister) and other specified persons specified additional functions for the purpose of securing or facilitating the operation of provisions of regulations under this section,

(y)requiring local authorities to facilitate, promote or carry out in a specified manner the composting of municipal waste of an organic nature or any other process for the biological transformation of such waste,

(z)any matters consequential on, or incidental to, the foregoing.

(5)(a)Without prejudice to subsection (3) or section 7 (2), regulations under this section may make provision in relation to persons, products, substances, activities or other matters referred to in this section generally or in relation to a specified class or classes of such persons, products, substances, activities or other matters.

(b)A target an obligation to achieve which is imposed on a person by regulations under this section may be defined in such regulations by reference to a specified proportion (whether by weight, volume or otherwise) of the products, substances or other things to which the obligation relates.

(6)A person who contravenes a provision of regulations under this section shall be guilty of an offence.

(7)In a prosecution for a contravention of regulations under this section (being a contravention consisting of a failure to achieve a target specified in the regulations), it shall be a good defence to prove that the accused took all reasonable steps to achieve the said target.

30. Public authority waste management.

30.—(1)(a)The Minister shall, as soon as may be after the commencement of this section, promulgate a programme with regard to the prevention, minimisation and recovery of waste arising from the performance by public authorities of their functions.

(b)A programme under this subsection may deal with such class or classes of waste, or apply to such class or classes of public authorities, as the Minister may consider appropriate.

(2)The Minister shall review from time to time as he or she thinks appropriate a programme under subsection (1) and make such revisions thereto as he or she thinks fit.

(3)Without prejudice to the generality of subsection (1), a programme under that subsection may include—

(a)specific objectives in relation to different types of waste,

(b)measures for the co-ordination of steps being taken or proposed to be taken by public authorities in relation to the prevention, minimisation and recovery of waste,

(c)proposals for the regulation pursuant to powers under this Act or any other enactment of activities carried on for the prevention, minimisation and recovery of waste.

(4)For the purpose of a programme under subsection (1), the Minister shall publish guidelines and criteria in relation to the prevention, minimisation and recovery of waste, to which public authorities shall have regard in the performance of their functions, and such guidelines and criteria may include provision for all or any of the following matters—

(a)consideration being given by public authorities to the likely effects on the environment of particular goods or services they propose to purchase or engage,

(b)objectives with regard to the use by public authorities of materials recovered from waste,

(c)the conduct by public authorities of waste audits and the implementation and operation by them of waste reduction programmes and the publication of the results of such audits and programmes,

(d)the making by public authorities of plans (“public authority waste management plans”), specifying appropriate measures to facilitate, and objectives with regard to, the prevention, minimisation and recovery of waste by them,

(e)the content, publication, implementation and review of public authority waste management plans,

(f)the preparation and publication by public authorities of reports on the implementation by them of their respective public authority waste management plans and their compliance generally with guidelines and criteria published under this subsection.

31. Recovery of waste by local authorities.

31.—(1)A local authority may—

(a)engage or participate in the recovery of waste, and for that purpose may enter into one or more agreements with any other local authority or other person,

(b)buy or otherwise acquire waste for the purpose of recovering it,

(c)use, sell or otherwise dispose of any material or thing, including energy, recovered from waste.

(2)For the purpose of subsection (1), “local authority” includes the corporation of a borough of any kind and the council of an urban district.

31A. F119[Costs

31A.—(1) In accordance with the polluter-pays principle, the costs of waste management, including for the necessary infrastructure and its operation, shall be borne by the original waste producer or by the current or previous waste holders.

(2) Without prejudice to Regulations 30 and 30A in the Regulations of 2020, the Minister or any Minister of the Government concerned, may decide that the costs of waste management are to be borne partly or wholly by the producer of the product from which the waste came and that the distributors of such product may share these costs.]

PART IV Holding, Collection and Movement of Waste

32. General duty of a holder of waste.

32.—F120[(1) A person shall not—

(a) cause or facilitate the abandonment, dumping or unauthorised management or treatment of waste, or

(b) hold, transport, recover or dispose of waste, or treat waste, in a manner that causes or is likely to cause environmental pollution.

(1A)(a) It shall be the responsibility of the original waste producer or other waste holder to carry out the treatment of waste himself or herself or have the treatment handled by a dealer or an establishment or undertaking which carries out waste treatment operations or arranged by a private or public waste collector in accordance withsection 21Aandsubsection (1).

(b) The Agency, the local authorities and Dublin City Council shall take the necessary measures to ensure that, within their territory or area of responsibility, the establishments or undertakings which collect or transport waste on a professional basis deliver the waste collected and transported to appropriate treatment installations in accordance withsubsection (1).]

(2)A person shall not, save in such circumstances as may be specified under subsection (4), transfer the control of waste to any person other than an appropriate person.

F121[(2A)(a) When the waste is transferred from the original waste producer or waste holder to an appropriate person for preliminary treatment, the responsibility for carrying out a complete recovery or disposal operation shall not be discharged as a general rule.

(b) Without prejudice to the TFS Regulation, the Agency and Dublin City Council, as the case may be, may specify the conditions of responsibility and decide in which cases the original producer is to retain responsibility for the whole treatment chain or in which cases the responsibility of the producer and the holder can be shared or delegated among the actors of the treatment chain.

(2B) The Minister or any Minister of the Government concerned may, in carrying out their functions under this Act, decide, by measures taken to give effect to Article 8 of the Waste Directive, that the responsibility for arranging waste management is to be borne partly or wholly by the producer of the product from which the waste came and that distributors of such product may share this responsibility.]

(3)A holder of waste shall, without delay, inform—

(a)the local authority in whose functional area the loss, spillage, or other matter mentioned in this subsection occurs, or

(b)in the case of hazardous waste, both the said local authority and the Agency,

of any loss, spillage, accident or other development concerning that waste which causes, or is likely to cause, environmental pollution.

(4)The Minister may by regulations—

(a)provide that the holder of a specified class or classes of waste shall effect and maintain a policy of insurance insuring him or her to a specified extent as respects any liability on his or her part to pay damages or costs on account of injury to person or property arising from the holding by him or her of the waste,

(b)provide that on the transfer of waste, in specified circumstances, the holder of the waste shall provide to the transferee specified particulars in writing of the waste so as to enable that person to avoid a contravention of the relevant provisions of this Act,

(c)provide that subsection (2) shall not apply in specified circumstances.

(5)In this section “an appropriate person” means a local authority, the corporation of a borough that is not a county borough, the council of an urban district, or a person otherwise authorised under and in accordance with this Act or the Act of 1992 F122[(including a dealer)] to undertake the collection, recovery or disposal of the class of waste in question.

(6)(a)A person who contravenes subsection F123[(1), (1A)(a), (2)] or (3) or a provision of regulations under subsection (4) shall be guilty of an offence.

(b)In a prosecution for a contravention of subsection (1), it shall be a good defence to prove that the activity concerned was carried on in accordance with a waste collection permit or waste licence under this Act F124[, a permit, authorisation or certificate referred to insection 39(5)(c)(inserted by Statutory InstrumentNo. 166 of 1998)] or a licence or revised licence F125[for an integrated pollution control activity] under Part IV of the Act of 1992.

F124[(c) In a prosecution for a contravention ofsubsection (1), where it is proved that—

(i) a waste collection permit or waste licence under this Act, a permit, authorisation or certificate referred to insection 39(5)(c)or a licence or revised licence under Part IV of the Act of 1992 was required for the carrying on of the activity concerned, and

(ii) such a permit, licence, authorisation or certificate was not in force in respect of the carrying on of that activity or was not being complied with in any respect,

then it shall be presumed, until the contrary is shown, that the carrying on of that activity was likely to cause environmental pollution.]

(7) F126[…]

33. Collection of waste.

33.—(1)(a)Each local authority shall collect, or arrange for the collection of, household waste within its functional area.

(b)The corporation of a borough (other than a county borough) or the council of an urban district may collect, or arrange for the collection of, household waste.

(2)Subsection (1) (a) shall not apply to household waste in any part of a local authority's functional area to the extent that any of the conditions mentioned in subsection (3) applies to that part or, as appropriate, to that household waste.

(3)The conditions referred to in subsection (2) are—

(a)an adequate waste collection service is available in the part concerned of the local authority's functional area,

(b)the estimated costs of the collection of the waste concerned by the local authority would, in the opinion of the authority, be unreasonably high,

(c)the local authority is satisfied that adequate arrangements for the disposal of the waste concerned can reasonably be made by the holder of the waste.

(4)A local authority may collect, or arrange for the collection of waste, other than household waste.

(5)A local authority may enter into arrangements with one or more other local authorities, or with one or more other persons, for the collection on its behalf by the said authority or authorities or, as the case may be, by the said person or persons, of waste in its functional area or in a part or parts of that area.

(6)Notwithstanding any other provision of this Act, a local authority shall be under no duty to collect, or arrange for the collection of, waste from any person—

(a)if any provision of bye-laws under section 35 regarding the presentation of the waste for collection is not complied with F127[(and, for the avoidance of doubt, such a provision includes the provision referred to insection 35(3)(gg))], or

F127[(aa) if any provision of an order undersection 75(10)in relation to the waste is not complied with, or

(aaa) if that person has failed to pay a charge made undersection 75orthe Local Government (Financial Provisions) (No. 2) Act 1983in respect of the collection of the waste concerned, or]

(b)if the waste contains any product or substance or packaging therefor in contravention of regulations under section 29.

(7)Waste collected or recovered by a local authority shall become the property of the authority.

(8)(a)A person shall not, without lawful authority, disturb, interfere with or remove—

(i)anything deposited at a facility provided by or on behalf of a local authority or an authorised waste collector for the deposit or storage of waste, or any plant, including any receptacles therein,

(ii)anything deposited in a receptacle for waste, whether such receptacle is for the use by members of the public or otherwise.

(b)A person shall not obstruct or interfere with the collection of waste by a local authority or an authorised waste collector.

(c)A person who contravenes paragraph (a) or (b) shall be guilty of an offence.

(9)For the purpose of this section, other than subsection (1), “local authority” includes the corporation of a borough of any kind and the council of an urban district.

34. Waste collection permits.

34.—(1) F128[(a) Subject toparagraph (b), a person other than a local authority shall not, for the purposes of reward, with a view to profit or otherwise in the course of business,F129[collect or transport waste], on or after such date as may be prescribed, save under and in accordance with a permit (in this Act referred to as a“waste collection permit”) granted by—

(i) the local authority in whose functional area the waste is collected,

(ii) such other local authority as stands nominated for the purpose in accordance withparagraph (aa), or

(iii) such other body or bodies as may be prescribed.

(aa) Where two or more local authorities—

(i) have jointly made, or propose jointly to make, a waste management plan undersection 22(3), or

(ii) are otherwise cooperating with one another to achieve common objectives with respect to waste management in their functional areas,

the local authorities may or shall, if the Minister requires them to do so, decide that, for the purposes of the said plan or the achievement of the said objectives, one of them shall perform each ofF129[the functions under thissectionorsection 34Ain relation to waste collection permits or review of waste collection permits]with respect to each of their functional areas and, accordingly, nominate that local authority for that purpose.]

(b)The Minister may make regulations providing that paragraph (a) shall not apply in respect of the F129[collection or transport of waste] where such F129[collection or transport] is carried out in compliance with such requirements (which may include a requirement as to the entry of specified particulars concerning the person carrying out the F129[collection or transport] in the register maintained by the local authority concerned under section 19) as are specified in the regulations.

(c)A person who contravenes paragraph (a) or any requirement of regulations under paragraph (b) shall be guilty of an offence.

F130[(1A) In this section—

“waste”means different waste, including household waste, or a class or classes of waste as may be prescribed;

“household waste”means different household waste or a class or classes of household waste as may be prescribed.]

(2)(a)The Agency may give such guidance or directions to a local authority or local authorities generally as it considers appropriate in relation to the control to be exercised or the measures to be taken by it or them of, or with regard to, the F131[collection or transport of hazardous waste] by persons in its or their functional area or areas or the grant by it or them of waste collection permits in respect of such waste.

(b)A local authority shall have regard to any guidance and comply with any direction given to it under paragraph (a) in performing any of its functions under this section or section 33, as appropriate.

(3)On an application being made to a local authority for the grant of a permit under this section, the authority may decide to grant the permit, subject to, or without, conditions or F132[to refuse to grant the permit for stated reasons which may include the abandonment of the application by the applicant].

F133[(4) A local authority shall not grant a waste collection permit unless it is satisfied that—

(a) the applicant is a fit and proper person within the meaning ofsection 34Dto hold a waste collection permit, and

(b) the activity concerned would not, if carried on in accordance with such conditions as may be attached to the permit, cause environmental pollution, and that the grant of the permit is consistent with the objectives of the relevant waste management plan or the hazardous waste management plan, as the case may be, and the implementation of that plan.]

(5)(a)Without prejudice to subsections F134[(3)and(4)], an application for a waste collection permit may be refused, or a waste collection permit may be revoked F135[undersection 34A], if the applicant, permit holder or any other relevant person has been convicted of an offence under this Act prescribed for the purposes of this subsection, or of an offence under any other enactment, or instrument under an enactment, as may be so prescribed.

(b)The reference in paragraph (a) to a relevant person is a reference to a person whom the local authority determines to be relevant for the purposes of considering the application concerned or, as the case may be, of deciding whether to revoke the waste collection permit, having had regard to any criteria that the Minister by regulations provides it is to have regard to in determining such a matter.

(6) F136[…]

F137[(7) (a) Conditions attached to a waste collection permit shall specify the requirements to be complied with by the holder of the permit (“permit holder”) in respect of the activities to which the permit relates (“activities concerned”).

(b) Conditions may, or, if the Minister so prescribes underparagraph (e)orsubsection (11)(b)(v), shall be attached underparagraph (a)to a waste collection permit specifying requirements in relation to the following:

(i) weighing ofF138[household waste or commercial waste]collected or transported;

(ii) reporting of the weight ofF138[household waste or commercial waste]collected or transported to the person who presents theF138[household waste or commercial waste]for collection being either the original waste producer or, as the case may be, the person who arranges, on behalf of more than one original waste producer occupying apartments, duplexes, maisonettes or any combination of such dwellings for collection of their waste (“person who presentsF138[household waste or commercial waste]for collection”);

(iii) subject toparagraph (f)(i)and(ii), charging of fees forF138[household waste or commercial waste]collection or transport services;

(iv) in relation to collection ofF138[household waste or commercial waste], preparing and publishing a customer charter and its form and content;

(v) providing information to the person who presentsF138[household waste or commercial waste]for collection that identifies the vehicle used for that collection;

(vi) requiring that waste is segregated before it can be collected or transported;

(vii) providing separate receptacles for differentF138[household waste or commercial waste];

(viii) collection or transport of differentF138[household waste or commercial waste]at specified frequencies;

(ix) with regard to persons from whomF138[household waste or commercial waste]is collected by an authorised waste collector, providing the following information to the local authority, when requested to do so undersection 18, regarding collections ofF138[household waste or commercial waste]from those persons—

(I) details of the collection of separate classes ofF138[household waste or commercial waste],

(II) details of persons who choose not to partake in the collection of separate classes ofF138[household waste or commercial waste],

(III) details of whenF138[household waste or commercial waste]was last collected, and

(IV) written confirmation of the structure of the fees being charged to the person from whom the waste is collected, including, where appropriate, billing information which indicates the pay by weight charge element of the fees charged for the collection ofF138[household waste or commercial waste].

(c) Conditions may, or if the Minister so prescribes underparagraph (e)orsubsection (11)(b)(v), shall also be attached underparagraph (a)to a waste collection permit specifying requirements in relation to the following:

(i) waste which mayF139[or shall]be collected;

(ii) separate collection of waste;

(iii) prohibition of certain practices by a permit holder in order that waste which has been segregated prior to collection or transport does not become unsuitable for recycling or recovery;

(iv) the place to which wasteF138[is required to be delivered, or to which it is prohibited from being delivered,]for preparation for reuse, recovery or disposal;

(v) methods, receptacles (including skips and skip bags) and vehicles to be employed by a permit holder in the collection or transport of waste, including requirements regarding dimensions of receptacles, care and disposal of the contents of the receptacles, the periods during which receptacles may be left in a public place, the locations from which different receptacles may be collected, the supervision by the permit holder of their use and the restriction to such persons as may be prescribed of the placing in or removal from any place of receptacles;

(vi) the display of identifying marks or colours on a receptacle or vehicle referred to insubparagraph (v);

(vii) complying with technical, environmental, inspection or safety measures or standards (including standards regarding the presentation, segregation, weighing, packaging or labelling of waste);

(viii) keeping and preserving of records and supplying information to the local authority, or any other person as may be prescribed, in relation to the activitiesF138[concerned, and the form in which such records are to be kept and preserved and in which the information is to be supplied];

(ix) effecting and maintaining a policy of insurance insuring the permit holder as respects any liability on his or her part to pay damages or costs on account of injury to a person or property arising from the activities concerned;

(x) matters consequent on measures that may be taken undersection 35;

(xi) matters consequent on measures that may be taken underPart II;

(xii) matters consequent on giving effect to Community Acts;

(xiii) information to be furnished to customers (including providing information to customers on the presentation, segregation, packaging or labelling of waste or the charges payable for its collection or transport);

(xiv) matters consequent on the implementation and demonstration of the implementation of the waste hierarchy referred to insection 21A;

(xv) undergoing specified training in relation to the activities concerned;

(xvi) inspecting and acceptance of waste by a permit holder;

(xvii) effecting and maintaining an environmental management system, within the meaning ofsection 27, in respect of the activities concerned;

(xviii) the hours between which waste concerned may be collected in specified areas;

(xix) effecting and maintaining a customer complaint management system;

(xx) preventing the occurrence of littering from vehicles in the course of the activities concerned;

(xxi) having information, in such form as may be specified in a waste collection permit, to accompany and be carried in the vehicle transporting the waste;

(xxii) as respects contamination that may be caused by theF138[incorrect separation of waste in receptacles for segregated waste]—

(I) monitoring by a permit holder of levels of contamination,

(II) recording and maintaining specified data on levels of contamination,

(III) training to be provided for staff of a permit holder in relation to monitoring contamination, or

(IV) protocols and procedures where contamination is detected by the collector, including for informing the person who presents household waste for collection or non-collection ofF138[the receptacle;]

F139[(xxiii) the achievement of such targets as may be specified in the permit in relation to recycling rates;

(xxiv) effecting and maintaining a record, document and data management system of such standard, or in accordance with such criteria, as the Minister may prescribe and which may include an electronic record, document and data management system;

(xxv) the requirement to collect waste where a waste service is not provided;

(xxvi) the requirement to effect and maintain a customer communication and awareness programme.]

(d) Conditions shall be attached underparagraph (a)to a waste collection permit specifying requirements in relation to the following:

(i) collection only of a European Waste Catalogue waste type specified on the waste collection permit;

(ii) deposit of waste only at a facility specified on the waste collection permit;

(iii) use only of a vehicle specified on the waste collection permit for the collection of waste;

(iv) carrying of a copy, in a form specified in the permit, of the waste collection permit on each vehicle;

(v) display of the permit holder name or number on promotional material, vehicles, skips, receptacles or bags of the permit holder;

(vi) submission of specified information on a periodic basis to the local authority in such form and at such frequency as may be specified on the waste collection permit;